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Lecture Objectives
Understand trade unionism in ILO perspective
Provide an understanding of Law in India
The problems or characteristics of Trade
Unions in India
Discussion in terms of case studies (where
possible and necessary by case laws)
Discuss the Recent Trends in Trade unions in
India
Discussion of challenges in the context of LPG
Model
Normative aspects
Social justice: the courts to uphold legislation
(a) to remove economic inequalities;
(b) to provide a decent standard of living to the working
people;
(c) to protect the interests of the weaker sections of the
society
Socialistic concept:
Democratic socialism aims to end poverty and inequality
of opportunity.
Rights
Rights
Fundamental
Rights
Directive
Principles of
State Policy
DPSP PART - IV
S.C. Perspective
Even a very liberal interpretation of sub-cl. (c)
of cl. (1) of Art. 19 cannot lead to the
conclusion that the trade unions have a
guaranteed right to an effective collective
bargaining or to strike, either as part of
collective bargaining or otherwise.
The right to strike or the right to declare a
look-out may be controlled or restricted by
appropriate industrial legislation (All India
Bank Employees v. National Industrial
Tribunal & ... on 28 August, 1961)
Right to Strike
TUs with sufficient membership strength are able
to bargain more effectively with the management.
This bar power would be considerably reduced if it is
not permitted to demonstrate. Strike in a given
situation is only a form of demonstration. .the right
to demonstrate and therefore the right to strike is an
important weapon in the armory of the workers
Though not raised to the HIGH PEDASTAL of a
fundamental right, it is recognized as a mode of
redress for resolving the grievances of workers. But
the right strike is NOT ABSOLUTE under our industrial
jurisprudence and restrictions have been placed on
it. (B. R. Singh and other.v. Union of IndiaSC,
September 1989)
Concurrent List
2/11/2016
xlri.ac.in - lecture
16
xlri.ac.in - lecture
17
ILO Conventions
2/11/2016
ILO Recommendations
xlri.ac.in - lecture
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TU Act, 1926
In practice, only a small group of workers,
employed in the organised industrial sector,
enjoys protection of its rights. Over 90% of
workers are employed in informal
employment relationships or in agriculture,
which are characterised by almost no union
representation due in large part to the nonenforcement of the law.
DEBATES
concept of an outsider?
Political leaders?
Complete ban on non-employees? Art 19 of
the Constitution?
Curtailment of % of outsiders?
How many unions can the outsider hold
positions? Some say there should be no
ceiling; some call for a ceiling
TU activity during Office Hours as a right?
(NO)
Rights of un-recognised TU
To meet & discuss with employer the
grievances relating to its members relating to
non-employment
Appear on behalf its members in the
undertaking in any domestic or departmental
inquiry held by the employer
HR/IR POLICIES
UNION RECOGNITION
ALTERNATIVES TO UNIONS
UNION AVOIDANCE RELOCATION
UNION RESISTANCE
ANTI-UNIONISM AGGRESSION
NO UNION BOTH DEMAND / SUPPLY
Hyundai
Major TU/Associations
Union for Information Technology and
Enabled Services (UNITES) Professionals
West Bengal Information Technology Services
Association (WBITSA) CITU
Centre for BPO Professionals (CBPOP)
(Hybad/Bangalore)
New Trade Union Initiative (NTUI) in the BPO
sector
TU VIEW
"Employers want power
neutralization and strongly
oppose unions.
Agreed, they offer favorable
working environment, but
that's not enough.
Several issues, be it promotion
or differential treatment by coworkers on caste and
community basis can occur.
Who will employees turn to
when in need?" questions,
Karthik Shekhar, General
Secretary, UNITES,
Employees prefer to live with
the prevailing conditions
or move out in search of other
jobs instead of fighting for
their own cause.
HR VIEW
TU Structure
The term structure refers to the different types of union
based on their recruitment patterns and the work areas
from which membership is drawn.
Four typical structures of a trade union
the craft union, which was either based on a single craft or
on multiple crafts, or one that was spread across an entire
industry relating to similar crafts. It became known as an
industrial union in a horizontal arrangement;
the industrial union, which was vertically structured in a
single industry and existed across a geographical area;
General unions evolved as a result of dilution of craft trade
unions
the white collar union which existed mainly for public
sector workers, many of which started as associations.
Uneven growth
Small size
Financial weakness
Multiplicity
Rivalry
Leadership
Political association
Recognition
Employers Organizations
AITUC
CITU
EFI
INTUC
AIMO
BMS
HMS, HMP
CII
TUCC, AIU(NITED)TUC
NTUI
Nature
of
Organization
CTUOs
Union Comments
Level
Craft organizations
White-collar
organizations
Enterprise Unions
Firm level federations
of enterprise unions
Industry/national/regional
Enterprise/sectoral/national
Mostly Non-affiliated
Non-affiliated
Enterprise
National
Unity organizations
Political or non-political
National/regional/enterprise
Informal
sector Trade unions (political/non-political), National/regional/industry
organizations
NGOs